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Detainee Cases

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Lyle Denniston at SCOTUSblog has this post noting the Supreme Court's denial of certiorari in seven Guantanamo detainee cases.  "One dissenting judge on [the Court of Appeals for the D.C. Circuit] has protested that the result is that there is very little left of the Supreme Court's historic ruling in Boumediene v. Bush, decided four years ago tomorrow and giving Guantanamo prisoners a legal right to challenge their continued captivity."

Lyle seems to think that's a bad thing.

Boumediene was wrongly decided.  Congress unambiguously repealed the jurisdiction of federal courts to hear habeas petitions by the detainees.  The "privilege of the writ of habeas corpus" guaranteed in the Constitution is a privilege belonging to our own population, not alien enemies with no connection to this country, and the Court had to run roughshod over history to find otherwise.  See CJLF's brief.  The treatment of alien enemies by the United States is a matter for executive and legislative decision-makers and for international diplomacy.  The judicial branch has no legitimate role unless and to the extent that Congress decides to provide it with one.  The Court should overrule Boumediene, but if it will not then letting it fade into the background is the second best alternative.

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